516-972-1212

1225 Franklin Ave.,
Ste. 325
Garden City, NY 11530

  •   ›  
  • Sexual Misconduct

Sexual Misconduct

Sexual misconduct is considered a sex crime according to New York Penal Law § 130.20. A sex crime conviction can have disastrous effects to one's personal and professional life.

An alleged offender convicted of sexual misconduct may face possible jail time, possible long probation period, large fines, and may be entered into the sex offender registry. A person with a clean record can have their life changed in one instance with a sex crime conviction.

If you or someone you know has been charged with sexual misconduct, it is vital that you contact an experienced criminal defense attorney.

Attorney for Sexual Misconduct in Nassau County, New York

A convicted sex crime may result in you being entered into New York's sex offender database. This can follow you throughout your life, and negatively affect your social and professional endeavors. If you or someone you know has been charged with sexual misconduct, it is in your best interest to contact a criminal defense attorney.

Law Office of Stephanie Selloni has worked many cases for sex crimes and sexual misconduct throughout the greater Nassau County area. Attorney Stephanie Selloni is a practiced defense attorney who is passionate about her client's rights. She understands sex crime laws in New York and is creative in her negotiations.

Stephanie Selloni is recognized by the legal community through her admittance into several reputable law associations such as the Nassau County Criminal Courts Law and Procedure Committee and the New York State Association of Criminal Defense Lawyers (NYSACDL).

Law Office of Stephanie Selloni represents clients for sexual misconduct throughout Nassau County and Suffolk County including the towns, villages and cities of Riverhead, Garden City, Stony Brook, Westbury, Glen Cove, and Hempstead.

Call 516-972-1212 or simply submit an online contact form for more information.

Overview for Sexual Misconduct in New York


Definition of Sexual Misconduct under New York Penal Laws

New York Penal Law § 130.20, states that a person is guilty of sexual misconduct if he or she:

  • Engages in sexual intercourse with another person without such person's consent;
  • Engages in oral sexual conduct or anal sexual conduct with another person without such person's consent; or
  • Engages in sexual conduct with an animal or a dead human body.

The following are definitions used in New York's sex crimes statutes.

  • Sexual Intercourse – Penetration, however slight, of a penis penetrating a vagina.
  • Oral Sexual Conduct – Conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina.
  • Anal Sexual Conduct – Conduct between persons consisting of contact between the penis and anus.
  • Sexual Contact – Any touching of sexual or intimate parts of a person for the purpose of gratifying a sexual desire of either party. It includes touching of the actor by the victim or the victim by the actor, whether directly or through clothing. It also includes the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.
  • Physically Helpless – Defined as a person being unconscious or physically unable to communicate unwillingness to an act.

Lack of Consent defined under New York Law

Lack of consent is defined under New York Penal Laws means that the other person did not agree to the sex act. This applies, even if the other person appeared to have consented. If the person did not have the capacity to consent, a person can be charged with sexual misconduct.

Alongside this, a person is considered unable to consent if they suffer from a mental disability, mental incapacity, or is physically helpless. A person is defined as "mentally disabled" under New York Penal Law § 130.00, of the person has a mental disease or defect that makes him or her unable to understand what it means to engage in a sexual act. Having a mental incapacity is defined under § 130.00 if a person if too intoxicated by some sort of substance administered without his or her consent.


New York Penalties for Sexual Misconduct

Sexual misconduct is considered a class A misdemeanor in New York. If you are convicted of sexual misconduct you may face:

  • Up to one year in jail
  • Possible fine up to $500
  • Possible registry to a New York sex offender registry

Registration to a sex offender database can affect your everyday life. The sex offender registry is readily available online, and people in your community can view them. It can affect your professional goals, housing, and even educative pursuits.


Statute of Limitations for Sexual Misconduct in New York

The legal term "statute of limitations" is a deadline for prosecutors to file criminal charges against an alleged offender. The time limit for the prosecution to bring its case does not begin until the crime is discovered, or should have been discovered.

In New York, a statute of limitations is classified by the level of offense. The only exceptions are to heinous crimes, a breach in fiduciary duty, or a felony involving violations of collection, treatment, and disposal of refuse and solid waste. Since sexual misconduct is charged as a misdemeanor, the statue of limitations is two years.


Additional Resources

New York Penal Law § 130.20 – See the statutory language regarding sexual misconduct. View the specifics and penalties for sexual misconduct and other related sex crimes. Find the definitions for terms used in the sex crimes statues and exceptions to certain sex crimes.

What is Sexual Misconduct? – Visit New York University's (NYU) website and read what is considered sexual misconduct on campus. Read the differing definitions of sexual harassment, sexual assault, and gender-based harassment. Find resources for sexual misconduct, relationship violence, and the stalking policies of NYU.


Lawyer for Sexual Misconduct Charges in Suffolk County

A sex crime conviction can follow you throughout your personal and work life. It is important that you stay prepared to fight these charges. Take those first steps with Law Office of Stephanie Selloni for your sexual misconduct charges.

Attorney Stephanie Selloni is a practiced criminal defense attorney throughout the hamlets and villages in Long Island. She is compassionate with her clients and aggressive in the courtroom. Law Office of Stephanie Selloni has been recognized for her legal career and is a part of several esteemed law associations such as the Nassau County Criminal Courts Bar Association and the Nassau County Bar Association. Contact Law Office of Stephanie Selloni, and speak to a reputable criminal defense attorney on your side today.

Law Office of Stephanie Selloni defends clients throughout Suffolk County and Nassau County including Central Islip, Hempstead, Riverhead, Glen Cove, and Mineola.

Dial 516-972-1212 to schedule a free consultation about your case today.


This article was last updated on August 30, 2018.

 

 

 

What Our Clients Have To Say